Supreme Court

Case: 21-0955    
21-0955
11/05/2021
Petition for Review/Cause under Tex. R. App. P. 59.1
FRANK THOMAS SHUMATE JR. D/B/A F.T.S. TRUCKING 
BERRY CONTRACTING, L.P. D/B/A BAY, LTD. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
11/21/2022Brief on the MeritsPetitioner's Reply Brief Petitioner's Reply Brief on the Merits filed on behalf of Frank Thomas Shumate, Jr., et al.
10/06/2022Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Berry Contracting, L.P.
08/17/2022Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Frank Thomas Schumate.
05/26/2022Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Frank Thomas Shumate.
04/11/2022Response to PetitionRespondent Response to Petition for Review filed on behalf of Berry Contracting, L.P.
01/07/2022Petition for ReviewPetitioner Petition for Review filed on behalf of Frank Thomas Shumate, Jr.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
06/10/2024Mandate issued  Mandate & /Cost Bill Issued
04/26/2024Court approved judgment sent to attorneys of recordIssued
04/26/2024Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the judgments of the trial court and the court of appeals and remands the case to the trial court. Per Curiam Opinion

(4/26/2024 1:32:36 PM) 210955pc.pdf, 21-0955.jmt.pdf
04/26/2024Petition for Review disposedPetition granted pursuant to TRAP 59.1
04/26/2024Petition for Review granted under TRAP 59.1 
04/16/2024Letter Filed  Letter filed on behalf of Berry Contracting, L.P.
04/08/2024Letter Filed  Letter filed on behalf of Frank Thomas Shumate, Jr.
03/20/2024Letter Filed  Response letter filed on behalf of Berry Contracting, L.P.
03/18/2024Letter Filed  Letter filed on behalf of Frank Thomas Shumate, Jr.
09/01/2023Motion to Consolidate disposedDenied Motion to Consolidate Oral Argument or Petitions with Identical Subject Matter with case no. 22-0168 denied
04/26/2023Reply to Response to Motion  Reply to Response to Motion to Consolidate filed on behalf of Frank Thomas Schumate.
04/14/2023Response to Motion filed  Response to Motion to Consolidate filed on behalf of The Most Reverend Wm. Michael Mulvey, et al.
04/13/2023Response to Motion filed  Response to Motion to Consolidate filed on behalf of Berry Contracting, L.P.
04/12/2023Call received  Call from Respondent's counsel, Sam Houston, in case no. 22-0168, stating that a response to motion to consolidate will be filed by end of week.
04/12/2023Call received  Call from Counsel for Respondent stating a response to motion to consolidate will be filed by end of day tomorrow. Counsel is conferring with counsel in the related case.
04/11/2023Motion to Consolidate filed  Opposed Motion to Consolidate Oral Argument or Petitions with Identical Subject Matter filed on behalf of Frank Thomas Schumate.
11/21/2022Brief on the Merits  Petitioner's Reply Brief on the Merits filed on behalf of Frank Thomas Shumate, Jr., et al.
10/25/2022Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to File Reply Brief granted.  Reply brief due no later than November 21, 2022.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
10/17/2022Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Frank Thomas Shumate, Jr., et al.
10/06/2022Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Berry Contracting, L.P.
08/29/2022Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits granted. Further requests for extensions of time will be disfavored. Respondent's brief is due no later than October 6, 2022; and Reply brief is due October 21, 2022.
08/29/2022Motion for Extension of Time to File Response  Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Berry Contracting, L.P.
08/17/2022Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Frank Thomas Schumate.
07/26/2022Call received  Call received from counsel regarding Motion.
06/24/2022Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief is due August 17, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondent's Brief is due September 6, 2022. Reply Brief is due September 21, 2022.
06/24/2022Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Frank Thomas Shumate.
06/17/2022Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than July 18, 2022; Response brief due August 8, 2022; Reply brief due August 23, 2022.
05/26/2022Reply to Response  Reply in Support of Petition for Review filed on behalf of Frank Thomas Shumate.
04/26/2022MET to file reply disposed ofFiling granted Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review is granted. Reply is due May 26, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
04/26/2022Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of Frank Thomas Shumate.
04/11/2022Response to Petition  Response to Petition for Review filed on behalf of Berry Contracting, L.P.
03/11/2022Supreme Court of Texas Requested Response  Requested response to petition for review due no later than April 11, 2022.
02/08/2022Case forwarded to Court 
02/07/2022Letter Filed  Letter filed on behalf of Frank Thomas Shumate, Jr., et al.
02/03/2022Response Waiver filed  Response Wavier filed on behalf of Berry Contracting, L.P.
01/07/2022Petition for Review  Petition for Review filed on behalf of Frank Thomas Shumate, Jr.
12/02/2021Second Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Second Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due January 7, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
12/02/2021Second Motion for Extension of Time to File Petition for Review filed  Unopposed Second Motion for Extension of Time to file Petition for Review filed on behalf of Frank Thomas Shumate.
11/08/2021Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review granted.  Petition for Review is due no later than December 8, 2021.
11/05/2021Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Frank Thomas Shumate, Jr., et al.
11/05/2021Court reporter/recorder's record 
11/05/2021Court reporter/recorder's record 
11/05/2021Court reporter/recorder's record 
11/05/2021Court reporter/recorder's record 
11/05/2021Clerk's Record 
11/05/2021Court reporter/recorder's record 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/10/2024Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Shumate, Jr., Frank ThomasPetitionerMr. Gilberto Hinojosa
Mr. Craig S. Smith
Ms. Karolyne Garner  
Mr. Bryan A. Garner
Berry Contracting, L.P. d/b/a Bay, Ltd.RespondentMs. Audrey Vicknair
Mr. William Robert Anderson
Mr. George Denwel Barre
Court of Appeals Information:
Affirmed  
___ SW3d ___, 07-15-21 
13th Court of Appeals 
Honorable Leticia Hinojosa 
Trial Court Information
94th District Court 
Nueces 
Honorable Robert J. Galvan 
2012-DCV-1370-C